The new law requiring insurance companies to disclose the policy limits before a lawsuit is filed to an injured party’s attorney will have a substantial positive impact on settlement discussions. Prior to this law, insurance companies did not have to tell an attorney representing an injured victim how much the insurance limit on their insured – typically the at fault party – had under their policy. On July 22, 2021, legislation passed (Session Bill S-1558/A-3444) requiring insurers who issue policies of automobile insurance in New Jersey to tell an insured’s policy limits to a licensed, practicing New Jersey attorney who makes a written demand.
The vast network of roads and highways in New Jersey means that they are inescapably some of the busiest in the country, thus making car accidents a very common sight, and the predominant auto accident in the state. New Jersey is also by far the most densely populated state in the United States and this leads to congested and dangerous roads.
In New Jersey, understanding PIP coverage is essential, as it might be required to protect yourself when you need medical coverage. To illustrate how, consider this: the worst has happened: you are in a car accident. You need immediate medical attention. The first thought that races through your mind is that question you always ask when you’re hurt: will your insurance decline to cover your immediate injuries. The reality is that several of us are injured behind the wheel. We often do not understand the complex laws surrounding personal injury to fully understand your rights.
Most specifically, when dealing with Personal Injury Protection Coverage – or PIP – we do not know for sure how it can help us in the event of a worst-case scenario. You might have heard of No Fault or At Fault accidents. While on the outside these can sound drastically different, it might be hard to determine what damages can count as a No Fault claim as opposed to what an At Fault claim is.
All of these concepts might sound complicated, but in practice they are far more straight forward than you might believe. If you are unsure whether your insurance will cover you or if you have to fight for damages, let us shed light on both concepts, when both apply, and how to get the money you need to recover after an accident.
In theory, construction sites build. They are designed to help build towers to the sky, replaced damaged property with functional equivalents, and add curbside appeal to cities and towns in need of it. Alternatively, construction sites can do something incredibly practical by building a new Wawa. In New Jersey, construction is a common occurrence, with many of us passing by it on the highway without a second thought issued.
What makes this problematic, however, is when the construction site creates a hazardous zone which spreads destruction rather than construction. There are several ways construction projects can ruin your cars, trucks, or bicycles when passing through the area.
Reckless driving and reckless walking can lead to some unsafe situations. When someone drives around without looking at the road or walks on the road without looking, things, unsurprisingly, will go wrong very fast. It seems inevitable that their mutual negligence will result in someone colliding into the other and that the motorized vehicle, being faster and larger, will cause more severe damage to the smaller, frailer human.
But when the case is brought to civil court, who is at fault? Who would be more at fault for the situation? New Jersey is a partial comparative negligence state. This means that the jury will place a percentage of responsibility on the parties involved. If the jury determines that the jaywalker is 50% responsible for the accident, they will pay 50% of the personal injury damages, while the other 50% will be paid by the driver. However, in these cases, what factors would a jury and judge need to consider in order to determine who pays what?
Personal Injury cases often deal with car accidents. People can be seriously hurt or injured by a vehicle when driving. You might find yourself rammed from the side, rear-ended, or cut off in abrupt and violent ways that lead to cars colliding or crashing. Sometimes, the fault can be due to another driver’s negligence.
However, very often, it is also the result of mechanical failure. This mechanical failure is often the responsibility of the driver to detect through reasonable means. However, these car issues can be serious issues that can put you and other people in jeopardy. These common car mechanical failures can result in you getting into a horrible accident.
Car accidents occur often in New Jersey. You could be driving along the road when some other driver plows into the side of your vehicle or cuts you off. Drivers can be negligent. Drivers can be drunk. Anger or apathy can result in vehicles speeding down lanes they should not travel, which can only result in you or a loved one being hurt.
If a vehicle has struck you or your car, damaging either your body or possessions, you are entitled to personal injury money. Thankfully, the New Jersey Civil Court system has multiple charges set in place for the most common car accidents out there. If you are caught off-guard, you might want to consider utilizing the following means to get even against those who will hurt you.
When you hear that a vehicle crashes into a pedestrian, the first assumption is the driver was speeding or not paying attention to the road. When pedestrians are walking on the sidewalk or crossing the crosswalk at a light, drivers need to look forward on the road to react to whatever happens on the road. New drives? New walkers? These are factors that matter greatly to any driver. To ignore them is to behave in a negligent manner.
However, is it always the car driver’s fault if a pedestrian is hit? Drivers can be negligent, but so can pedestrians out for a walk. The only issue is that their negligence is usually self-destructive, putting them in harm’s way in an unnecessary fashion. This all invites the question: when are pedestrians at fault for vehicular accidents?
Every cyclist’s worst fear is being struck by a car while on the road. They might do everything right, driving along the curb with a helmet, a bell, and a light source for night driving. None of that helps when one car jumps the curb and plows into their side. Impact can send a cyclist flying into the fences or tumbling under the wheels of their car. Fear floods the senses, so much that you might not notice your mangled bike or splintered femur. With a bike accident, the injuries are typically more severe because you have nothing to protect you when you are hit and sent to the ground.
The worst has happened. You’re driving your vehicle on the open road, eyes ahead. You are obeying every rule of the road, doing everything right. Then, something strikes your vehicle. Maybe a truck plowed through your passenger door, crunching seat into metal shards. Perhaps a car cut short – too fast for you to swerve out of the way – and you strike it head-on, folding your engine through your steering wheel. Your fingers have fragmented down to the knuckles, your skin is shredded as shards carve jagged gashes, and your passengers lay concussed next to you from heavy trauma to the skull.